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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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stopped to look at map!


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I have a PCN from Hounslow for a contavention "(02) Parked or loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force" It was based on a video. It's a total surprise to me as what happened was that my wife and I stopped to check the map for 2 minutes and then carried on our journey. No one left the car, no one got in etc.

 

I don't know what i actually stopped in, but if there is video, it will show us stopping and then driving off 2 minutes later.

 

Is that really an offence? Do I have grounds for an appeal?

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Can you post a copy of the PCN (with identifying details hidden) so that we can see if it's enforceable?

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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I have a PCN from Hounslow for a contavention "(02) Parked or loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force" It was based on a video. It's a total surprise to me as what happened was that my wife and I stopped to check the map for 2 minutes and then carried on our journey. No one left the car, no one got in etc.

 

I don't know what i actually stopped in, but if there is video, it will show us stopping and then driving off 2 minutes later.

 

Is that really an offence? Do I have grounds for an appeal?

 

Stopping for any other reason than to allow passengers in or out is classified as waiting (unless of course you are in traffic) and is a contravention where its prohibited by yellow lines.

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I guess I'll have to put it down to experience. Seems harsh though. Generally you get all this advice about "don't do XYZ but pull over", so instead of driving with a map in front of my face, I pull over and get £50 poorer.

 

Thanks for the advice though.

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It is harsh and the symptomatic of the automated way this country is dealing with things. I'm sure a policemane would have been more understanding and may even have helped you find your destination.

 

Don't forget tiglet's post. The ticket may have errors cauing it to be unenforceable. If you can sacn it, remove personal details, then post it here some of the experts will take a look at it.

 

Mike

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You could always advise them that you pulled over because you felt unwell and thought you were going to be sick, obviously it would have been unsafe to carry on driving at that moment.

 

After a brief respite you felt well enough to continue your journey and proceeded. Since no-one got out or entered your car it would seem plausible.

 

I suggest this because although it is illegal to stop on the hard shoulder of a motorway, you are allowed under law to pull over if you feel unwell and think you might be about to vomit.

 

If they still hold out for payment ask them what you were supposed to do in those circumstance, did they expect you to carry on driving, throw up and have/cause an accident.

 

Mossycat

 

PS Don't take it that I am suggesting that you tell a lie here, but we all feel ill from time to time don't we?

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You could always advise them that you pulled over because you felt unwell and thought you were going to be sick, obviously it would have been unsafe to carry on driving at that moment.

 

After a brief respite you felt well enough to continue your journey and proceeded. Since no-one got out or entered your car it would seem plausible.

 

I suggest this because although it is illegal to stop on the hard shoulder of a motorway, you are allowed under law to pull over if you feel unwell and think you might be about to vomit.

 

If they still hold out for payment ask them what you were supposed to do in those circumstance, did they expect you to carry on driving, throw up and have/cause an accident.

 

Mossycat

 

PS Don't take it that I am suggesting that you tell a lie here, but we all feel ill from time to time don't we?

 

 

Lying on a parking appeal is a criminal offence and considering the whole thing was captured on video getting hauled before the magistrates as well as a PCN suggesting faking illness is not really sound advice!

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Lying on a parking appeal is a criminal offence and considering the whole thing was captured on video getting hauled before the magistrates as well as a PCN suggesting faking illness is not really sound advice!

 

Which part of 'I'm not suggesting you tell a lie' didn't you understand then?

 

Mossycat

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Which part of 'I'm not suggesting you tell a lie' didn't you understand then?

 

Mossycat

 

Which part of I stopped to look at a map indicated the OP was ill?? If you wasn't implying he should claim it was the case why even bother mention it?

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If it was only 2 minutes, can you not claim you had pulled over, THEN realised you were in a load/unload space.

Appeal, it only takes a letter;)

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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Which part of I stopped to look at a map indicated the OP was ill?? If you wasn't implying he should claim it was the case why even bother mention it?

 

Your pedantic bickering isn't helping the OP or other people who may at some future date be in the same position.

 

When you learn the difference between infer and imply then you will understand why I don't need to address your inane point

 

Mossycat

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Your pedantic bickering isn't helping the OP or other people who may at some future date be in the same position.

 

When you learn the difference between infer and imply then you will understand why I don't need to address your inane point

 

Mossycat

 

 

And your advice has helped who??? There are numerous exemptions for stopping on a loading restriction none of which apply to the OP, if you really wish to help why not list them all rather than just mention a medical emergency which obviously does not apply here?

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And your advice has helped who???

 

Hmmm anyone who wasn't aware of that exemption, anyone who at some future date stops either on a hardshoulder or in a no stopping/waiting area and can quickly give good reason for why they have stopped.

 

I was given that piece of advice years ago and it has helped me, I passed it on hoping it would help others.

 

Mossycat

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That's the beauty of it. It wasn't illness nor was it a medical emergency 'per se' it was a very brief feeling of sickness during which you felt you might vomit. Since the feeling past quickly you did not need to consult a doctor, hence no documentary evidence would be required.

 

Speaking from experience I know this to be the case

 

Mossycat

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That's the beauty of it. It wasn't illness nor was it a medical emergency 'per se' it was a very brief feeling of sickness during which you felt you might vomit. Since the feeling past quickly you did not need to consult a doctor, hence no documentary evidence would be required.

 

Speaking from experience I know this to be the case

 

Mossycat

 

 

You obviously did not read my post there is NO exemption from parking restrictions for feeling ill. Councils MAY and 99.9% of the time will not accept it as mitigation unless its life threatening. Its the same as breaking down if the Council accepted everyones word for it without proof everyone would just claim to be ill or broken down.

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OP is new - let's not get into an argument which detracts from the issue and may put him off the forum please guys. :)

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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And your advice has helped who???

 

 

And your advice has helped whom?:rolleyes:

 

 

For the OP, from what you have posted, you have committed a contravention and are liable. However, follow Tiglet's advice in post #2 and we can see if we can help.

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Thanks for all the help. Sorry to have provoked a few minor arguments! I'll try and get the scan together. Looking at it, the only minor detail is that the picture is timed 9:24:48 and the time of the offence 9:26. No doubt they can wind the video forward if they needed to, but does that help?

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I agree with G & M.

 

To tell lies (even little ones) in order to escape a PCN is a very serious offence & just not worth the risk as you could end up being imprisoned for what originally was a minor transgression.

 

Why doesn't the OP just tell the truth. That he pulled over because he was lost & needed to consult a map. You never know the adjudicator might accept such mitigation & cancel the PCN.

 

Stranger things have happened

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Thanks for all the help. Sorry to have provoked a few minor arguments! I'll try and get the scan together. Looking at it, the only minor detail is that the picture is timed 9:24:48 and the time of the offence 9:26. No doubt they can wind the video forward if they needed to, but does that help?

 

 

You are correct parking is done generally by video and the photos are just to show you at the scene. Its a common misconception the photos provided show the arrival and departure with comments such as 'I was only filmed parked for 30 secs!'. The photos provided are stills taken from video and are timed only to show the contravention took place, for example you could park on yellow lines for 30 mins but the photos may still only be a minute apart.

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